On Your Own; Your Legal Right @ Eighteen On Your Own formatted final version | Page 61

Eviction for Non-Payment of Rent. In non-payment of rent cases, actual
notice must be given by a written notice, hand-delivered to the tenant or
mailed to the tenant’s last known address. It must give the tenant at least
14 days before the termination date specified in the notice to leave or face
eviction. The tenant has until the termination date to pay the rent owed
in order to avoid an eviction lawsuit; if the tenant pays all the rent before
the termination date, the rental agreement continues.
The notice must specifically state how much rent is due, and that if the
tenant pays all back rent due before the termination date, the tenancy will
continue. A tenant can “catch up” this way only three times in twelve
months. Note that even if a tenant “catches up” on rent, the landlord may
be able to seek eviction for other reasons.
Eviction for Breach of Rental Agreement. If the tenant violates the lease
or the landlord/tenant law for reasons other than non-payment of rent,
the landlord may terminate the tenancy by giving the tenant at least 30
days written notice. The notice must specifically state what actions of the
tenant caused the eviction.
Eviction For No Cause Without a Written Rental Agreement. If a landlord
is evicting a tenant for a reason other than those listed above or for no
reason at all, and the tenant is renting month-to-month or weekly, the
tenant is entitled to at least 60 days notice if renting by the month, or 21
days’ notice if renting by the week. However, if a tenant has resided in the
unit for longer than two years, the landlord must give the tenant at least
90 days notice. Note that these periods are longer in some municipalities
like Burlington. If there is a lease for a set period of time, the tenant may
not be evicted for no cause before the end of the lease unless the lease
specifically allows it (see below).
If a tenant receives a 60 day no-cause termination notice and decides to
move earlier, he or she must still give the landlord a full rental payment
period notice of moving (see “Moving Out.”)
Eviction Under a Written Rental Agreement. If there is a written lease, it
may provide that the landlord, the tenant or either may terminate the
tenancy for no cause or for any reason on which the parties agree. Such a
provision may reduce the notice period required for a no-cause eviction
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